Introduction
The four-day work week has moved from a global curiosity to a recurring topic in Colombian boardrooms. Technology companies, professional service firms, and creative industries are evaluating whether they can operate with a model that promises higher productivity and better employee well-being. But every employer asks the same question: is it legal to run a company in Colombia that works 4 days a week?
The short answer is yes, provided the maximum work hours, legal surcharges, and employment contracting rules are respected. However, implementation carries labor, tax, and hiring implications that must be analyzed case by case. This article explains the current legal framework and the key points you must consider before adopting this model.
What Is a 4-Day Work Week Company in Colombia?
A company in Colombia that works 4 days a week is one where the employer and employees agree to concentrate the weekly work hours into four days instead of the traditional five or six. The maximum legal workweek — which under Law 2101 of 2021 will gradually decrease to 42 hours (fully effective as of July 15, 2026) — can be distributed flexibly as long as the daily limit that triggers mandatory overtime is not exceeded.
The Colombian Substantive Labor Code (CST), Article 161, sets the maximum work hours but does not mandate a fixed number of days per week. This allows an employer to schedule, for example, 10.5-hour shifts over four days without automatically violating the law — provided that the corresponding surcharges are paid if any of those hours fall during nighttime or on a mandatory rest day.
No specific statute regulates the "four-day week" as a standalone legal concept in Colombia. What exists is the freedom of the parties — employer and worker — to agree on the distribution of working hours under the CST and Law 2101 of 2021. This is different from a reduction of hours with a corresponding salary cut, which would require express mutual agreement and cannot be imposed unilaterally.
Why Does This Matter for Your Business?
Colombia is undergoing a deep labor transformation. Law 2466 of 2025 (the labor reform) amended key CST articles, including moving the start of nighttime hours to 7:00 p.m. (Article 160) and progressively increasing the Sunday and holiday surcharge to 100% (Article 179). In this context, a company in Colombia that works 4 days a week can find real competitive advantages:
- Talent attraction: the four-day model is a magnet for professionals who value flexibility and work-life balance.
- Lower operational costs: fewer operating days can mean savings in utilities, transportation, and meal subsidies.
- Reduced turnover: teams with better life balance tend to stay longer.
- Adaptation to the 42-hour week: many companies find it easier to redistribute 42 hours over four days than to restructure five shorter shifts.
However, not all sectors benefit equally. Retail, hospitality, and manufacturing face significant operational challenges. Before making the switch, a feasibility analysis that considers the nature of your business, operational load, and applicable regulations is essential.
General Implementation Aspects
Implementing a company in Colombia that works 4 days a week is not as simple as changing a schedule. The process involves strategic decisions that must align with Colombian labor law. Below are the general aspects every employer must consider:
1. Agreement with Workers
The distribution of working hours must be agreed in the employment contract or through an "otrosí" (addendum). It cannot be imposed unilaterally unless the internal work regulations or a collective bargaining agreement allow it. Documenting the agreement in writing is strongly recommended to avoid future disputes over hours worked or surcharges owed.
2. Daily Hour Limits and Overtime
If a company distributes 42 hours over four days, each shift will be 10.5 hours. Hours exceeding the ordinary daily reference of 8 hours may be considered overtime if not agreed within the flexible framework allowed by the CST. CST Article 168 sets surcharges: 25% for daytime overtime and 75% for nighttime overtime. Under Law 2466 of 2025, the ordinary nighttime surcharge is 35% starting at 7:00 p.m.
3. Nighttime and Sunday Surcharges
By concentrating more hours in a single day, part of the shift will likely fall into nighttime (after 7:00 p.m.). Each nighttime hour must be paid with the 35% surcharge. If the fourth working day falls on a Sunday or holiday, the surcharge is 80% from July 2025, 90% from July 2026, and 100% from July 2027.
4. Hiring Structure and Business Type
The four-day model can influence hiring strategy. Some companies combine dependent workers with independent contractors to cover non-working days. This requires careful analysis of the subordination relationship to avoid misclassification risks. The legal form of the company — whether a commercial law Colombia entity or another structure — also determines how payroll costs and social benefits are managed.
Navigating these complexities requires experienced labor law counsel. Even companies with solid HR teams find it challenging to keep up with the rapid changes introduced by Law 2466 of 2025 and the phased implementation of the 42-hour week under Law 2101 of 2021. Proper guidance ensures that your four-day model is both legally sound and operationally sustainable.
Common Mistakes When Implementing the 4-Day Week in Colombia
Lack of specialized legal advice is the main cause of errors in this model. The most frequent mistakes include:
- Assuming overtime is not owed because "the worker agreed": Colombian labor law is public policy. Workers cannot waive rights such as overtime surcharges, even if they sign an agreement. If the daily shift exceeds legal limits, the surcharge is mandatory.
- Failing to update the internal work regulations: implementing four days without modifying the internal regulations is risky. The regulations must reflect the new distribution, entry and exit times, and rest policies.
- Confusing hour reduction with salary reduction: Law 2101 of 2021 expressly states that reducing the maximum workweek to 42 hours does not reduce salary. If a company cuts days without adjusting pay, that is correct. But trying to reduce salary on the grounds of fewer days requires the worker's express consent and can trigger claims.
- Ignoring nighttime surcharges on extended shifts: working 10.5-hour days starting early in the morning likely means the shift extends past 7:00 p.m. Many employers forget to calculate the 35% nighttime surcharge, which can lead to wage claims.
- Applying the model across the entire company without differentiating by area: not all departments can operate four days. Sales, customer service, or production may require five- or six-day coverage. Imposing a uniform model without prior analysis creates bottlenecks and labor conflicts.
- Not documenting agreements in writing: verbal agreements on work distribution are difficult to prove. Without a signed addendum, a worker could claim overtime pay based on an ordinary 8-hour day.
Frequently Asked Questions (FAQ)
1. Does Law 2101 of 2021 require me to implement a four-day week?
No. Law 2101 of 2021 reduces the maximum weekly work hours to 42 but does not mandate a specific distribution. You may distribute those 42 hours over 4, 5, or 6 days, as long as you do not exceed the weekly limit and respect legal surcharges. Choosing a four-day model is voluntary but must be agreed with your workers.
2. Can I hire someone for four days and pay less than minimum wage?
No. If the contract is full-time, the salary cannot be below the monthly legal minimum wage (SMLMV), regardless of whether the employee works four or five days. For part-time contracts, pay must be proportional to hours worked, but never below the proportional minimum.
3. What if a worker refuses to switch to 10.5-hour, four-day shifts?
Changing the distribution of working hours requires mutual agreement. If the worker refuses, the employer cannot impose it unilaterally unless the internal regulations or a collective agreement permit it. Negotiation and written documentation are the recommended path.
4. How does the 2025 labor reform (Law 2466 of 2025) affect the four-day model?
Significantly. The shift of nighttime hours to start at 7:00 p.m. (previously 9:00 p.m.) and the progressive increase of the Sunday surcharge to 100% raise labor costs for extended shifts. If your company operates four days with schedules crossing 7:00 p.m., you must pay the 35% nighttime surcharge on those hours. Updating payroll and calculation systems to reflect these changes is essential. Consult with a Colombian labor law specialist to ensure compliance.
Need Expert Guidance on the 4-Day Work Week?
Every company has a different operational reality, organizational culture, and cost structure. What works for a tech startup may be unworkable for a manufacturing plant. Implementing a company in Colombia that works 4 days a week requires a detailed legal and labor analysis that considers the type of employment contract, applicable surcharges, collective bargaining (if any), internal regulations, and social security implications.
At Legal Diligence Medellín, we advise national and foreign companies on implementing flexible work models, including the four-day week. We review your contractual structure, draft the necessary agreements, and ensure compliance with current regulations, including Law 2101 of 2021, Law 2466 of 2025, and the Colombian Substantive Labor Code.
Have questions? Contact us for a personalized consultation.
